A person generally commits the criminal offense of rape by using force, threats of force, coercion, or fraud to have non-consensual sexual intercourse with another person. In some states this criminal offense is called sexual assault. Rape is a felony offense with significant jail or prison time as potential punishment.

Laws vary from state to state and some state laws also include in the definition of rape sexual intercourse with a person who is intoxicated by drugs or alcohol, unconscious, or mentally disabled and unable to consent to the sexual intercourse. And some states have a broad definition of the lack of consent to sexual contact constituting rape and include sexual contact with public servants (police officers, etc.), members of the clergy, mental health service providers, and employees of assisted living centers or nursing homes as lacking consent under some circumstances.

In some states it is rape or sexual assault for a health care services provider performing an assisted reproduction procedure to use human reproductive material from a donor other than the patient’s intended donor.

Rape or sexual assault laws are generally located in a state’s statutes—often in the penal or criminal code.

In Alabama, rape is defined under the Alabama Criminal Code (Section 13A-6-61) as a person engaging in sexual intercourse with a member of the opposite sex by forcible compulsion. Rape in the first degree is classified as a Class A felony, which can result in a sentence of 10 to 99 years or life imprisonment. Alabama also recognizes Rape in the second degree (Section 13A-6-62), which occurs when an individual engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being 16 years old or older but less than 16 and the defendant is at least 18 years old or when the individual is incapable of consent by reason of being mentally defective. This is considered a Class B felony, punishable by 2 to 20 years of imprisonment. The state's laws also cover situations where the victim is intoxicated, unconscious, or mentally disabled and unable to consent. Alabama does not use the term 'sexual assault' for these offenses, but the conduct described would fall under the state's rape statutes or other sexual misconduct provisions. It is important to note that consent is a key factor in these definitions, and lack of consent can be due to various circumstances, including the victim's age, mental state, or the use of force or coercion. The specific circumstances under which sexual contact with certain professionals or in certain care settings would constitute a lack of consent would be detailed in the relevant sections of the Alabama Criminal Code.